[Amended 6-10-2003 by Ord. No. 369]
These regulations, restrictions and provisions
and the boundaries of the districts may from time to time be amended,
supplemented, changed, modified or repealed by the Mayor and Council.
Any person or officer, department, board, Commission or bureau of
the Town may petition for such change or amendment; however, no such
change or amendment shall become effective until after a public hearing
in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard.
The Mayor and Council shall refer all proposed
changes and amendments to these regulations or proposed changes in
a zoning district to the Commission for report and recommendations.
Before acting upon proposed changes and amendments
to these regulations or changes in the zoning district boundary lines,
the Mayor and Council shall consider the following:
A. The purpose of these regulations, as outlined in Article
I.
B. The report and recommendations of the Commission.
C. Whether there have been any substantial changes in
or near the area covered by a proposed change in the district boundary
lines.
D. Any new phases of the Master Plan for the Town of
Hampstead developed since the adoption of these regulations.
E. Whether it is clearly evident that there was an error
or mistake in the zoning of the subject property.
F. Whether there has been a convincing demonstration
that the proposed rezoning would have been fully as appropriate and
logical for the subject property as was the zone in which it was placed.
The Commission shall study zoning, its development,
application and relation to public and private development and its
relation to other phases of the Master Plan for the development and
may, from time to time, submit amendments to these regulations or
changes in the district boundaries to the Mayor and Council. However,
no such amendment or change shall become effective until approved
by the Mayor and Council, as required by this article.
If a petition for a change in a zoning district
boundary is disapproved by the Mayor and Council thereafter, the Mayor
and Council shall take no further action on another petition for the
same or substantially the same proposal on the same premises until
after 12 months from the date of the last disapproval.
Every application for a change in zoning of
district boundaries shall be accompanied by a scale drawing, showing
the existing and proposed boundaries and such other information as
may be needed to properly locate and plat the amendment on the Official
Zoning Map.
[Amended 11-14-1995 by Ord. No. 283]
A nonrefundable filing fee of $125, plus $10
for each additional acre above 10 acres, shall accompany any application
for change of zoning. Costs of building and/or hearing room rental,
court reporter and any transcription as determined necessary by the
Zoning Administrator in hearing and/or in considering the application
or petition must be paid by the petitioner, and as part of the application,
the petitioner will be required to sign a contract agreeing to pay
these costs.